Editorial photographers frequently go about their photography with passionate zeal. While most photographers are adept at getting photos in sensitive areas without causing problems, those whose interest areas take them close to an investigative journalism or reportage approach (with issues like the environment, child abuse, bureaucratic incompetence, etc.) can easily overstep prohibited boundaries and find themselves entangled in controversy.

What happens then?

They are subject to the law, just like any other citizen. Trespassing is the usual violation. Be safe. Know what is public property and what is private property. A restaurant might be public, but the kitchen, for example, is not.

A noteworthy case comes to mind that involved the popular ABC television program, "PrimeTime Live," which aired a segment in 1992 that accused the Food Lion grocery chain of selling tainted food.

In an interesting legal strategy, the company did not challenge the report's truthfulness. Instead, Food Lion focused on the trespassing and fraudulent undercover techniques used by ABC in pursuit of the story. ABC News was found liable under this theory to the extent of $5.5 million in punitive damages! The case is, of course, subject to appeal.

Although your editorial photographs may be truthful, and offer a new awareness to society, the manner in which you acquire your photos might be subject to question.

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